[HISTORY: Adopted by the Township Committee of the Township
of Cinnaminson 2-27-2017 by Ord.
No. 2017-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Recreation Advisory Board — See Ch. 97.
Curfew — See Ch. 237.
Peace and good order — See Ch. 385.
[1]
Editor's Note: This ordinance also repealed former Ch.
381, Parks and Recreation, adopted 9-21-2015 by Ord. No. 2015-16.
The Township of Cinnaminson hereby determines that the establishment
of regulations concerning permissible activities, proper permitting,
facility maintenance and the establishment of hours of use for Township-owned
parks and property is necessary to further the public health, safety,
morals and general welfare of the Township and to preserve and protect
Township-owned parks and property.
A.
The Cinnaminson Township Committee recognizes that:
(1)
Municipal 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;
and.
(2)
Use of municipal facilities should be programmed and regulated for
the convenience of their users in order to ensure availability and
safety; and
(3)
Proper maintenance and care is required in order to maintain these
facilities and keep them in proper condition for their users; and
(4)
Certain activities such as community events, fundraising activities
and sports tournaments require significant lead time, planning and
escrows to ensure that organizers of such activities are responsible
for any municipal costs that may be generated based on the logistics
of the activity.
B.
As such, the Township creates the following chapter as a means of
improving the accessibility of Cinnaminson's municipal facilities
and, at the same time, providing for their safe, constructive and
prolonged use.
As used in this chapter, the following words shall have the
following meanings:
Section 501(c)(3) is the portion of the U.S. Internal Revenue
Code that allows for federal tax exemption of nonprofit organizations,
specifically those that are considered public charities. It is regulated
and administered by the U.S. Department of Treasury through the Internal
Revenue Service. A 501(c)(3) organization has been recognized by the
IRS after the filing and acceptance of a Form 1023.
Annual filing form by a 501(c)(3) agency with the Internal
Revenue Service.
A three- or four-wheeled vehicle with an attainable speed
of more than 20 miles per hour but no more than 25 miles per hour
on a paved surface.
An annual schedule created by the Township showing all Parks
and Recreation facilities and fields, and facilities within those
locations, and further identifying dates and times when the fields
are permitted and by whom as well as identifying parks, fields and
facilities which are closed for maintenance (including resting) and
repair.
A Cinnaminson-based nonprofit organization with the primary
mission of providing sports and recreation opportunities for Cinnaminson
youth 18 years of age or under. At least 75% of the participants in
the organization shall be residents of Cinnaminson or enrolled as
a student in the Cinnaminson School District, at St. Charles Borromeo
School and/or Westfield Friends School in Cinnaminson. If there is
more than one organization providing services for a particular sport,
the Township shall identify which organization is the primary organization,
depending upon, but not limited to, the following characteristics:
length of service to the municipality, number of participants, volunteer
services provided toward maintenance and upkeep of the facilities
and participation by the organization in other Township-sponsored
events. The decision as to primary designation is exclusive to the
Township. It is the Township's intent to announce and approve
primary organizations at the Township's reorganization meeting.
The Township Committee in its sole discretion may grant RCSO status
to a local sports organization that does not meet the above qualifications
when that organization serves Cinnaminson youth, the sport demonstrates
a continuing effort to attract Cinnaminson residents and without youth
from outside communities, the league would not be able to actively
function.
A period of 120 calendar days (practices and games combined).
Actions by teams limited to games, scrimmages and practices
involving the full team. The terms shall not include clinics, individual
training or tournaments which create different issues for the parks
facilities, including improper wear and tear on fields, traffic, and
facility maintenance.
The Township Administrator of the Township of Cinnaminson
or his designee. When the position of Township Administrator is vacant,
the duties shall be conducted by the Township Committee Liaison to
the Department of Parks and Recreation or his designee.
A.
Unless secured by a locked gate, all parks and parking areas shall
open daily at dawn.
B.
Where a park, or a portion thereof, is secured by a gate, the park
or portion of the park so secured shall be opened to the public by
a Township employee with the authority to unlock and open the gate
upon a call to the number listed on the gate to the facility.
C.
Except for athletic fields and designated parking areas specifically
designed for and illuminated for night activity, it shall be unlawful
for any individual to be in, or upon, any Township-owned park or property
after dusk or before dawn on any given day. This prohibition shall
not be in effect during or within a 1/2 hour after cessation of Township-sponsored
events or other special events when permission for said events has
been granted by the Township Committee.
D.
Where a field and/or parking area is illuminated, no individual shall
remain in the park or designated parking area more than 1/2 hour after
the cessation of the use of the parks and/or parking area.
E.
Without prior written consent and a permit for a specific date, the
lights in Township parks shall be completely turned off by 9:30 p.m.
each night. Sports organizations and those authorized to use sports
fields shall conclude their events with enough time to allow for the
end-of-game field maintenance, securing of all equipment and the safe
and orderly departure of all participants and guests prior to the
9:30 p.m. termination time.
A.
In general, unless specific areas are closed for maintenance or inclement
weather or require a permit as established herein, the facilities
within Cinnaminson's parks are available on a first-come-first-served
basis without charge to the user.
B.
Applications are not required for the unreserved use of parks, playgrounds
and open space areas. However, a party or group that has reserved
a particular facility and is in possession of an approved Township-issued
permit will receive priority over a group lacking such a permit.
C.
Any event, activity or gathering proposed, not including general
or informal pickup sports games, which shall include 15 or more participants,
including the organizer, shall require a permit issued by the Township
Committee.
D.
A sports activity permit for a field or facility may be obtained
by submitting an application, including all requested materials and
the associated fee and/or escrow, for said use prior to the permit
date not less than 30 days prior to the date requested. Sports activity
permits shall not permit the use of assigned fields for clinics, training
sessions or tournaments. All permits shall be conditionally approved
and made formal upon the payment of escrow and the submission of the
insurance certificate. Escrow payments and insurance certificates
shall be due no later than 30 days prior to the event. All season-long
sports requests shall be made prior to February 1 of each year so
that the Master Schedule can be completed and approved by the Township
Committee.
E.
A permit application for a special event, community event or sports
tournament that is expected to draw more than 100 participants shall
be made not less than 60 days prior to the requested date to allow
for ample review and, if approved, preparation and scheduling of municipal
resources.
F.
Permits to conduct sports clinics or group or individualized training
sessions shall be made to and, if reasonable, granted by the Township
Committee after review of the impact of such activity on the park.
Because of the Township's vast knowledge and experience with
designated primary organizations, only those organizations designated
as a primary organization shall be entitled to seek, hold or use a
permit for clinics and training.
G.
When more than one complete application is received for the same
date(s), the following priority order will apply. In all instances,
priority is given to Cinnaminson Township residents over nonresidents.
(1)
Meetings or events directly sponsored by the Township Committee for
municipal purposes.
(2)
Meetings of municipal advisory boards and committees for municipal
purposes.
(3)
Meetings or events directly sponsored by Township departments and/or
employees for municipal purposes.
(4)
Meetings held for the discussion of municipal issues.
(5)
Recognized Cinnaminson Sports Organizations with priority to primary organizations as described in § 381-3.
(6)
Cinnaminson Township public schools.
(7)
Cinnaminson senior citizen organizations.
(8)
Cinnaminson adult sports organizations.
(9)
Other youth recreational activities or service organizations.
(10)
Other adult member sports organizations.
(11)
Private functions or gatherings.
(12)
Other.
H.
The permit shall include the following information on a form prepared
by the municipality:
(1)
Organization name.
(2)
Contact name and information.
(3)
Dates requested.
(4)
Locations requested.
(5)
Purpose of the activity.
(6)
Expected number of participants.
(7)
If participants are minor, demonstrate the ratio of supervisors/chaperones
to be present.
(8)
Expected number of vehicles.
(9)
Request for special features (concession stands, lights, electric,
cooking, etc.).
(11)
All applicable fees, security deposits and escrows.
(12)
If seeking to be a recognized Cinnaminson sports organization,
provide a full roster of participants, including last name, age and
home address. This list will be reviewed by the Township and returned
upon approval or denial of request and, as such, shall not be made,
kept or maintained by the municipality.
(13)
All Cinnaminson sports organizations, which by definition are
required to be organized as 501(c)(3) nonprofit organizations, must
submit their most recent Tax Form 990 at the time of application and
update the form from time to time to ensure the Township maintains
the most current form. There shall be a six-month grace period in
2017 only.
A.
Once received, the permit shall be reviewed by the Parks Committee
and shall consider, but not be limited to, the availability of the
requested use based upon the Master Schedule, the impact on the remainder
of the park system, and the need for additional municipal personnel.
B.
The Parks Committee shall recommend to the Township Administrator
acceptance or denial of the application, providing written reasons
for denial. The Township Administrator shall evaluate the staff recommendation
and make recommendation to the Township Committee to accept or deny
the permit application.
C.
If denial is recommended, the Township shall notify the applicant
by writing, facsimile or electronic communication as to the reason
why rejection is recommended and the date for consideration by the
Township Committee. The applicant shall have the right to be heard
at the public meeting before a final determination is made by the
Township Committee.
A.
Permits may be issued for individual day activities/events or for
season-long sports activities.
B.
Single-day permits shall only be valid for the date identified in
the permit and any rain date that may be provided in the permit.
C.
All permits shall include an expiration date which shall be no longer
than 120 days after issuance.
D.
The Township reserves the right to suspend a permit, close a park
or close a specific area of a park based upon actual or the threat
of inclement weather or unforeseen events within the Township or county
that cause the utilization of municipal resources to be unavailable
to safely conduct the permitted event. The Township will make every
effort to notify the permit holder but, as a condition of issuing
the permit, shall not be liable for any cost, loss or damage associated
with a weather or unforeseen event suspension or permit or park closure.
A.
Unless a permit is required or requested, facilities within Cinnaminson's
parks are available without charge to the user.
B.
The fees for single use of parks and recreation improvements for
a two-hour permit are as follows:
|
Facility
|
Residential Fee
|
Nonresidential Fee
| ||
|---|---|---|---|---|
|
UNLIT
| ||||
|
Grass sports field
|
$30
|
$60
| ||
|
Tennis court
|
$20
|
$40
| ||
|
Basketball court
|
$20
|
$40
| ||
|
LIGHTED
| ||||
|
Grass sports field
|
$45
|
$90
| ||
|
Basketball court
|
$25
|
$50
| ||
C.
The fees for season-long sports events shall be as follows; the fee
for a season-long permit shall be as follows:
|
Facility
|
Recognized Sports Organization
|
Other Organizations
| |
|---|---|---|---|
|
Unlit Field Permit
| |||
|
1 or 2 fields permit
|
$300
|
$600
| |
|
3 or more fields permit
|
$500
|
$1,000
| |
|
If any of the fields contain lights
| |||
|
1 or 2 fields permit
|
$500
|
$1,000
| |
|
3 or more fields permit
|
$750
|
$1,500
| |
(1)
In addition to the above permit fee, each organization and/or sports
team shall pay a nonrefundable annual application filing fee of $250.
[Amended 3-19-2018 by Ord. No. 2018-3]
(2)
In addition to the above permit and filing fee, each organization
shall make an annual in-kind contribution of goods equal to the permit
fee. The in-kind goods or materials provided by the organization must
be preapproved by the Township Administrator. The permit fee for recognized
sports organizations may be waived upon the demonstration of the annual
purchase of goods and materials twice the amount of the fee. For example,
an organization with a seasonal fee of $300 would need to demonstrate
the purchase of $600 of preapproved goods and materials for the facilities
in order to avoid the payment of a permit fee. Any request to bundle
purchases from year to year must be made to the Township Administrator
and approved in advance by the Township Committee. The recognized
sports organization shall submit a plan for improvements at the time
of filing the permits and shall demonstrate the results of the plan
at the next application for a permit, whether that be at the annual
permit period or for a mid-year, year or special permit.
(3)
Regardless of the existence of a permit, the Township may shut down
a field for a portion of or an entire season where maintenance or
safety reasons are justified.
F.
Security deposit. A minimum returnable security deposit of $200 is
required with all applications. This deposit will be used to cover
damage to Township property or cleaning required due to the use of
the site. If damage is greater than $200, the permit holder and/or
organization, joint and severally, shall be responsible for all repair
costs. Users will be notified, in writing, by the Department of Public
Works if any such charge will be assessed and if the cost is greater
than the initial deposit required.
A.
Supervision.
(1)
Applicants granted facilities use are responsible for the proper
supervision of all participants and spectators. Those participants
under the age of 18 years are not to be left unattended at any time.
(2)
Applicants granted use of facilities will be held responsible for
any personal injury or property damage resulting from the lack of
supervision or poor supervision of participants or spectators.
B.
Security. The permit holder shall be responsible for ensuring the
proper security levels are established to control crowd and conduct
orderly parks and recreation activities. When it is determined that
security may be an issue due to the nature of the event or the volume
of expected attendees, the permit holder shall be responsible for
coordinating the use of off-duty police officers for special assignment
work as permitted by Township policy. The permit holder shall be responsible
for the cost of the off-duty officers.
C.
Maintenance and use of facilities.
(1)
The permittee shall perform a pre-inspection and post-inspection
of the facility.
(a)
If during the pre-inspection, the permit holder identifies a
safety or maintenance issue, he shall determine if the issue can be
resolved to ensure the safety of participants and the protection of
fields or facilities. If the same cannot be resolved, the permit holder
shall postpone or cancel the event until the condition is resolved.
(3)
The permittee must report any problems encountered with the facility,
including, but not limited to, safety issues, broken equipment or
general maintenance issues to the Township within 24 hours of the
conclusion of the activity.
(4)
Proper use of facilities is of the utmost importance. The permit
holder shall ensure that unauthorized uses are not occurring during
the permit access to the fields.
(5)
Organizations or groups failing to abide by the provisions of this
policy will be asked to curtail their event(s) and may be denied future
use of Township facilities as provided in this chapter.
(6)
Facilities must be left clean and orderly.
D.
Damage. Users of facilities automatically assume responsibility and
liability for all damages and loss to Township property that occurs
while using said facilities.
E.
Parking.
(1)
Parking is limited to designated parking areas.
(2)
No vehicles are permitted on any park, playground or open space,
except for emergency situations only or when directed by a municipal
agent and authorized by the Township Committee at a special event.
(3)
Violation of the parking policy will result in revocation of the
applicant's privilege to continue utilizing the facility.
A.
If, during the course of performing activities under a valid permit,
the Township Administrator, his designee, any elected official, any
Township parks employee or uniformed law enforcement officer shall
have the authority to stop or suspend any activity that the official
believes is a potential threat to the safety of participants or to
the maintenance of the field or facility.
B.
The Township's representatives shall have the authority to recommend
to the Township Administrator suspension or revocation of a permit
if the applicant or any person acting on his behalf shall violate
any of the provisions of this policy or any rule or regulation of
the Township or any of the restrictions, terms or conditions under
which the permit was issued or fails to take corrective action when
so directed by the Township representative.
C.
In the event of such recommendation, the Township Administrator shall
perform whatever investigation is necessary and proper to fully understand
the events which led to the recommendation and determine to revoke,
suspend, warn or take no action against the permit holder. In the
event of a revocation or suspension, the applicant shall have the
right to request an appeal to the Township Committee within five days
of receiving written notice.
D.
Any individual or organizations whose permit is revoked shall be
barred from applying for a new permit for two calendar years unless
good cause can be shown by the organization the series of steps taken
to correct the action(s) or omission(s) which led to the revocation.
E.
Any individual or organization that attempts to use a municipal park
or facility after a permit has been revoked or suspended shall be
guilty of trespass and, in addition to being issued a code violation
under this chapter shall be issued a summons under the New Jersey
Criminal Code. In addition, the length of time to reapply for a permit
shall be extended an additional two years for each violation of this
provision.
A.
The Township shall not permit any person or entity use of municipal
parks or facilities or portions thereof to operate a profit-making
venture, whether the same is a class, sports clinic, lessons, advertising
or concession of any kind. For the purposes of this chapter, fundraising
on municipal property is a profit-making activity.
B.
Exceptions.
(1)
Concession stands. Recognized Cinnaminson sports organizations may
utilize available concession stands under their properly issued and
valid season-long permits for the use of adjacent sports fields. A
special permit for use of the concession stand is required beyond
the field permit.
(c)
Concession stand usage will require the annual approval of the
Burlington County Health Department and the Cinnaminson Fire Inspector.
Both approvals must be hung in the facility at all times or a writing
by the Health Department and Fire Inspector must be obtained confirming
that the facility is exempt from approvals.
(d)
The Township shall inspect the concession stand each Monday
and after special events, or as soon thereafter as practical to ensure
the facilities are being properly maintained.
(2)
Field sponsorship signs. Recognized Cinnaminson sports organizations may solicit and install field sponsorship signs under the same financial conditions identified in Subsection B(1) above. In addition, all sponsorship signs must conform with the requirements of § 381-12. The organization must demonstrate that 25% of the funds generated are reinvested in the facilities through the purchase of goods or improvements for all park visitors.
(3)
Sports trainers.
(a)
As a means of producing more competitive athletes and improving
the safety of play, recognized Cinnaminson sports organizations may
engage the services of sports trainers, hitting instructors and specialists
to work with teams as long as the payment for such services is made
from the participant through the recognized Cinnaminson sports organization.
The trainer may only be paid through the recognized Cinnaminson sports
organization.
(b)
As a condition of use, and as a prerequisite for the issuance
of any future permit for the organization, the permitted organization
shall produce a writing within 30 days of the conclusion of each permit
demonstrating the income generated from the use of contracting with
trainers, the cost of contracting with said trainers and a demonstration
of the organization's efforts to reinvest 25% of the funds generated
into the field.
C.
Specialized classes.
(1)
Any individual or entity interested in taking or offering a class
or activity in a public park shall contact the Township Administrator,
in writing, to propose that such a class be offered.
(2)
If the Township Administrator, in consultation with the Recreation
Advisory Board, determines that a class, lesson, or instruction will
provide a worthy benefit to the residents of the community, he shall
seek permission from the Township Committee to either hire an individual
on a part-time basis to conduct the class or solicit requests for
proposals from the qualified vendors to offer the class pursuant to
the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
(a)
The Township shall only engage in classes, lessons or instructions
where it is demonstrated that the class will not become a drain on
fiscal resources of the Township or the maintenance and upkeep of
the park or park facility or unnecessarily interfere with the peace
and enjoyment of the park.
In an effort for uniformity and to ensure the safety of park
visitors, the following sign sponsorship regulations are enacted.
A.
Only recognized Cinnaminson sports organizations are permitted to
hang signs. The signs shall be hung on the batting cages only.
B.
Signs shall be made of vinyl or corrugated plastic with grommets
in each corner and with at least one additional grommet in the middle
of each side.
C.
Signs shall be rectangular in shape and be limited in size to no
greater than three feet by three feet in size. Permanent signs existing
in parks are grandfathered from this requirement.
D.
Corners and edges should be smooth and not contain sharp edges to
prevent opportunity for injury.
E.
Signs shall be secured to existing sports fencing using zip ties.
Where no fencing exists, signs may be installed using standard steel
stakes, ensuring that the stake is at least two inches lower than
the top of the sign to prevent protruding objects.
F.
No sign shall be installed to interfere with the regular conduct
of the sport nor to create a danger for the athletes using the field
or a visual barrier for spectators.
G.
Signs shall be removed at the end of the playing season.
H.
The recognized Cinnaminson sports organization shall provide a plan
with the placement of the sign.
In addition to the general permitting requirements established
herein, special events, community events or sports tournaments that
are expected to draw 100 or more participants or run over more than
one day will require the following additional information and be subject
to more detailed review.
A.
The application shall contain the following information:
(1)
The name and address of the applicant.
(2)
Proof that the organization is organized as a 501(c)(3), not-for-profit
organization.
(3)
Sports tournament applications shall only be made by recognized Cinnaminson
sports organizations for their organizations.
(4)
The name and address of the person, persons, corporation, association
or organization; the name and address of the president and secretary
of said organization and relationship of applicant to said organization.
(5)
The date and time for which such permit is desired.
(6)
The park or portion thereof for which such permit is desired.
(7)
The activity to be undertaken or reason for the application.
(8)
The number of persons anticipated to participate.
(9)
Site sketch of all areas, including any temporary tents, vendor stations,
etc.
(10)
Parking measures in place, including location and logistics
for ensuring the safety of motorists and pedestrians.
(11)
Security measures in place, including a request for Cinnaminson
police officers.
(12)
Custodial measures in place, including trash removal and restroom
maintenance, including a request for Cinnaminson Public Works Department
labor.
(13)
Any other information which the Township shall find reasonably
necessary to make a fair determination as to whether a permit should
be issued.
B.
Standards for issuance of a use permit by the Township. Standards
may include the following findings:
(1)
That the proposed activity or use of the park or recreational area
will not unreasonably interfere with or detract from the general public
enjoyment of the park.
(2)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion and maintenance of public health,
welfare, safety and recreation.
(3)
That the proposed activity or uses that are reasonably anticipated
will not induce or tend to induce violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary or burdensome
expense on Township police or public works operations.
(5)
That any fees assessed participants or requests for contributions
will be solely for the purpose of offsetting or equaling the organization's
reasonable expectation of expenses to be incurred.
(6)
That the facilities desired have not been reserved for another use
at the date and time requested in the application.
(7)
That the applicant shall submit the necessary insurance requirements.
(8)
Posting of an escrow as determined by the Township Administrator.
By way of example, escrows shall consider the above factors, the cost
to provide additional police or public works manpower and the potential
damage to the facility. The below figures are minimums required based
on past experiences of municipal events:
C.
Conditions of issuance. All permits for seasonal or special events
issued shall be on the condition that:
(1)
The permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
the permit.
(2)
The person, persons or organization to whom the permit is issued
shall be liable for all loss, damage or injury sustained by any person
whatever by reason of negligence of the person, persons or organization
to whom such permit shall have been issued. The Township shall have
the right to require that prior to the issuance of a permit or commencement
of the activity, the applicant submit evidence of liability insurance
covering injuries to members of the general public arising out of
such permitted activities, in such amounts as may be from time to
time determined by the Township.
(3)
The permittee shall maintain the park, recreational area or facilities
by removing all trash or debris and restoring the area or facilities
to a condition equal to or better than its condition prior to the
granting of the permit. In the event that special or extraordinary
maintenance is required or additional costs are incurred for a proposed
use or activity, such costs shall be borne by the applicant.
(4)
No structures shall be erected or placed, no utilities installed,
run or extended and no alteration of a natural or man-made feature,
facility or object shall be allowed unless so authorized in the permit
issued by the Township and, when so authorized, in accordance with
its requirements for such use and alterations.
(5)
No permit shall be valid except for the facilities, area and time
expressly set forth therein.
(6)
The permittee will obey any other reasonable requirement, condition
or restriction which the Township authorizes.
(7)
Fees may be charged for a permit and the Township may require a cash
deposit or bond in reasonable amount to ensure performance of the
terms and conditions of the permit, which deposit shall be refundable
after deducting the cost of necessary expenses incurred by the Township
in restoring the leased area to the condition the same was in at the
time the permit was issued, reasonable wear and tear excepted.
A.
All low-speed vehicles must be titled, registered and insured in
accordance with New Jersey motor vehicle laws.
B.
Prior to using an LSV in a Township park, the requestor must:
(1)
Make a written request to the Township Committee with a list of the
licensed operators attached, to include New Jersey driver's license
numbers.
(2)
The LSV will only be operated by a New Jersey licensed driver.
(3)
The LSV cannot be used for concessions or fundraising.
(4)
The Township must be listed on an insurance policy for the LSV with
coverage of an additional $1,000,000 for liability.
(5)
The Township shall be listed as an additional insured.
(6)
The Township and requesting entity will enter into a hold harmless
agreement protecting the Township.
A.
Insurance.
(1)
Formal organizations (i.e., Boy Scouts, athletic leagues) that wish to use municipal 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 waiver, which is described in Subsection B.
(2)
Insurance requirements may also be waived for municipally sponsored
meetings or events.
(3)
Determination as to whether a group is formal or informal will be
made by the Township Administrator. Factors that will be considered
include, but are not limited to, incorporation status, size of membership,
frequency of gatherings, and existing insurance.
(4)
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 per occurrence and aggregate. The policy will provide coverage
for the user's activity at the approved facilities and shall
state such activities on the certificate of insurance. The certificate
shall name the Township of Cinnaminson as the certificate holder and
as an additional insured for the full duration of the use of the facility(ies).
B.
Indemnification and waiver.
(1)
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 Township of Cinnaminson 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.
(2)
Users must indemnify the Township of Cinnaminson 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 arises out of negligence
of the Township or any of the agents, employees or otherwise. The
user must further agree to reimburse the Township for any and all
expenses, attorney's fees, or costs incurred in the enforcement
of this waiver and indemnification.
The Township Committee shall have the authority to establish
park rules and regulations and to amend same from time to time. Provided
said rules and regulations are posted, said rules and regulations
may be enforced under this chapter.
A.
In addition to any federal or state law which has precedence, it
shall be unlawful for any individual to be in or upon any Township-owned
park or property for the purposes of or while in the conduct of any
activity which is in violation of the rules and regulations established
by the Township, this chapter, or any of the ordinances of this Township.
B.
In addition to the rules and regulations as may be prescribed and
posted from time to time by the Township Committee, no person in a
public park or recreation area shall:
(1)
Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any buildings, bridges, tables, fences, benches, fireplaces,
grills, paving or paving materials, waterlines, public utilities or
parts of appurtenances thereof, signs, notices or placards, whether
temporary or permanent, monuments, stakes, posts or other boundary
markers or other structures, facilities, park property or appurtenances
whatever, either real or personal.
(2)
Construct or erect any building or structure of whatever kind, whether
permanent or temporary, or run or string any public-service utility
into, upon, under or across such lands, except by special written
permit issued hereunder.
(3)
Dig or remove any soil, rock, sand, stones, wood or wood materials
or make any excavation by tool, equipment, blasting or other means,
except with written authorization of the Township.
(4)
Damage, cut, carve, transplant or remove any tree or plant or injure
the bark, pick flowers or seeds of any plants or tree, dig in or otherwise
disturb grass areas or in any other way injure the plant life.
(5)
Climb any tree or walk, stand or sit on monuments, planters, fountains,
railings, fences or upon any other property not designated or customarily
used for such purposes.
(6)
Tie or hitch any animal to any tree or plant or any man-made structure.
(7)
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot
or throw missiles at any animal, wildlife, reptile or bird, nor shall
any person remove or have in his/her possession the young of any wild
animals or the eggs or nest or young of any reptile or bird. Exception
to the foregoing shall be made in case of self-defense against poisonous
snakes.
(8)
Throw, discharge or otherwise place or cause to be placed in any
body of water, storm sewer or drain flowing into such water, any substance,
matter or thing, liquid or solid, which will or may result in the
pollution of said waters.
(9)
Dump, deposit or leave trash, dirt, bottles, broken glass, refuse,
garbage, debris or other waste materials.
(10)
Solicit moneys or contributions for any purpose, whether public
or private, unless written permission is granted by the Township.
(11)
Build, attempt to build or start a fire except in such areas
and facilities and under such regulations as may be designated and
set forth by the Township. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes, cigars, tobacco paper
or any other flammable material within a park or on any highways,
roads or streets abutting or contiguous thereto.
(12)
Leave a picnic fire unattended nor leave a picnic area before
any fire is completely extinguished.
(13)
Have in his/her possession, or set or otherwise cause to explode,
discharge or burn, any firecrackers, torpedo rockets or other fireworks
and explosives, or discharge or throw said explosives into any such
areas from lands or highways adjacent thereto. This prohibition includes
any substance, compound, mixture or article that in conjunction with
any other substance or compound would be dangerous in terms of flammability
and explosion. Upon proper application, the Township may grant permits
for conducting properly supervised firework displays in designated
park areas.
(14)
Open fires are prohibited, except when approved by the Township
and any and all government agencies having jurisdiction therein. However,
charcoal grills are permitted in designated picnic areas.
(15)
Carry or possess firearms of any description or air rifles,
spring guns, bows and arrows, slings or any other form of weapons
dangerous to human safety and wildlife, or any kind of trapping device.
Instruments that can be loaded with and fire blank cartridges may
be permitted upon application and approval of a special permit in
accordance with the standards and regulations set forth herein. Shooting
into park areas from beyond park boundaries is forbidden. This provision
shall not apply to courses offered by the Township or its agents.
(16)
Bring alcoholic beverages or drink same at any time or be under
the influence of intoxicating liquor in a park or recreational area.
This provision shall not apply to the consumption of alcoholic beverages
where the same is authorized and permitted by the New Jersey Division
of Alcoholic Beverage Control and the Township during special events
in those contained areas specifically designated during said events.
(17)
Gamble or participate in or abet any game of chance except when
such game of chance is authorized by permit of the Township.
(18)
Paste, glue, tack, nail or otherwise post any sign, placard,
advertisement or inscription whatever, nor shall any person erect
or cause to be erected any sign whatever on any public lands or highways
or roads adjacent to a park.
(19)
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
valid permit.
(20)
Expose or offer for sale any article or object, or station or
place any stand, cart or vehicle for the transportation, sale or display
of any article or object. Exception is hereby made to this subsection
in connection with any regularly licensed concessionaire acting by
and under the authority and regulation of the Township.
(21)
Sleep or protractedly lounge on the seats, benches or other
areas of a park or engage in loud, boisterous, threatening, abusive,
insulting or indecent language, or engage in any disorderly conduct
or behavior tending to breach the public peace and welfare.
(22)
Leave a bicycle, scooter, skateboard or similar object lying
on the ground or pavement or set against trees or in any other place
or position where other persons may trip over or be injured by it.
(23)
Fail to produce and exhibit any permit from the Township he/she
claims to have upon request of any Township official who shall desire
to inspect the same for the purpose of enforcing compliance with any
ordinance or rule.
(24)
Occupy any seat or bench or enter into or loiter or remain in
any pavilion or any other park structure or section thereof which
may be reserved or designated by the Township for the use of a specific
group.
(25)
If picnicking, all such areas for picnicking shall be maintained
by placing all trash, refuse, garbage and debris in designated disposal
and recycling containers where provided. If no trash receptacles are
available, or if available but full, then trash shall be carried away
from the park area by the picnicker, to be properly disposed of elsewhere.
(26)
Cause or permit the vehicle he/she is operating to stand outside
of designated parking spaces, except for a reasonable time to receive
or discharge passengers or equipment. No motor vehicle shall be parked
in said park areas from 1/2 hour after sunset until sunrise, except
as otherwise permitted.
(27)
Except for athletic fields and designating parking areas specifically
designed for and illuminated for night activity, it shall be unlawful
for any individual to be in, or upon, any Township-owned park or property
after dusk or before dawn on any given day. This prohibition shall
not be in effect during or within 1/2 hour after cessation of Township-sponsored
events or other special events when permission for said events has
been granted by the Township Committee or its designated Board.
(28)
Parking lots adjacent to and associated with lit ball field.
No vehicles shall remain in the park more than 1/2 hour after the
conclusion of the event or return until before dawn the next day.
(29)
Skateboard in or on a park, playground or recreation area which
has been designated as a "No Skateboarding" area.
(30)
Utilize any facility or area of a park or recreational area
for activity other than the designated use of said facility or area.
Roller skating, inline skating, and skateboarding and the like, if
allowed, shall be confined to those areas specifically designed for
such activities.
(31)
Fail to properly maintain all restrooms, washrooms, or concession
stands in a neat and sanitary condition.
(32)
Fail to properly clean up after any domestic animal permitted
to be in the park.
(33)
Allow a dog off a leash except in specifically designated areas.
C.
The Township reserves the right to prohibit, rescind or change the
use of facilities, regardless of prior approval for use. Whenever
practicable, reasonable notice will be provided.
D.
Municipal facilities cannot be used for any purpose prohibited by
law.
The police, upon finding a child under the age of 18 years in
or upon any Township-owned park or property in violation of any of
the provisions of this chapter, shall take the name and address of
the parent, guardian or other person having the legal care or custody
of such child, send such child home, and make a report of the same
to the Director of Public Safety or highest ranking uniformed officer
within 24 hours, whereupon the Director of Public Safety shall send,
via certified mail to said parent, guardian or legal custodian of
such child, a written notice of the first violation of this chapter
informing such parent, guardian or legal custodian that, unless the
terms of this chapter are complied with in the future, the penalty
therefor will be invoked against such person, guardian or legal custodian
of such child. Nothing herein shall prevent the police from seeking
immediate judicial relief if the activities of the minor in question
cause damage or destruction to Township facilities.
It shall be unlawful for a parent, guardian or other person having legal care or custody of a child under the age of 18 to knowingly permit or by inefficient control to allow the child to be or remain upon any Township-owned park or property in violation of any of the provisions of this chapter. The term "knowingly" shall include knowledge which a parent, guardian or other person having legal care or custody of a child under the age of 18 should reasonably be expected to have concerning the whereabouts of the child in that person's legal custody. This section is intended to continue to keep neglectful or careless parents, guardians or legal custodians up to a reasonable community standard of parental responsibility to an objective test. It shall, therefore, be no defense that a parent, guardian or legal custodian was completely indifferent to the activities, conduct or whereabouts of such child. It shall be conclusive proof of knowledge when a parent has received prior notice pursuant to § 381-17 or the minor has been prosecuted or adjudicated for a similar offense under this chapter.
In addition to the revocation or suspension of any permit issued
herein, any person violating any provision of this chapter shall,
upon conviction, be subject to a fine not exceeding $2,000 or be required
to perform community service, or both, in the discretion of the court.
A separate offense shall be committed for each day during which a
violation occurs or continues. In addition, nothing herein shall limit
the court's authority to order restitution for any and all damage
or destruction caused by the convicted or adjudicated offender or
the parents or guardian of the offender.
