Borough of Chester, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Chester 5-18-2004 by Ord. No. 2004-7. Amendments noted where applicable.]

§ 211-1 Purpose.

A. 
There are hereby created and established ordinances and regulations for the use and operation of municipal swimming facilities known as the "Chester Area Pool."
B. 
Use of the swimming facilities shall be subject to such rules and regulations as may be promulgated by the Mayor and Borough Council by ordinance or resolution, which shall be posted at all times upon the bulletin board of the swimming facilities, and a copy thereof shall be filed with the Borough Clerk for public inspection and delivered to all members of the Chester Area Pool on an annual basis.

§ 211-2 Definitions.

As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
AGE
The individual's age on May 30 of each pool season.
CAP
The Chester Area Pool.
CAREGIVER
Employees or extended members of the family, 16 years of age or older, whose primary duties are the care and supervision of the dependents of a member family (i.e., nanny, au pair, babysitter, nurse, etc.) and whose presence at the pool would be required in order to allow them to carry out their duties.[1]
EMPTY NESTER
A unit consisting of one adult couple without children in the household.
[Added 7-7-2009 by Ord. No. 2009-10]
FAMILY
A unit consisting of a parent(s) plus child(ren), natural or adopted, under the age of 21, living in the same residence or up to the age of 25 if a full-time student and living in the same residence.
[Amended 7-7-2009 by Ord. No. 2009-10]
GUEST
Any nonmember who is admitted with a member of the pool.
POOL FACILITY
The entire fenced area surrounding the swimming pool and adjacent parking area.
POOL MANAGER
A Pool Manager shall be appointed on an annual basis by Mayor and Council upon recommendation of the Borough Administrator. The Pool Manager shall be responsible for day-to-day operation of pool facility and perform such duties and responsibilities as set forth in this chapter and the job description adopted by resolution from time to time.
[Amended 6-4-2012 by Ord. No. 2012-5; 10-6-2015 by Ord. No. 2015-12]
RESIDENT
Any person 18 years of age or older having a principal residence within the boundaries of Chester Township or Chester Borough. Anyone removing his or her principal residence from Chester Township or Chester Borough shall no longer be considered a resident.
SEASON
The period of operation during a calendar year. The pool facility will not open to the general membership before Memorial Day or after Labor Day, nor during such times as students are in attendance at the Black River Middle School, unless otherwise agreed to by the Chester Township Board of Education.
SENIOR
Any person 62 years of age or older.
[Amended 8-5-2008 by Ord. No. 2008-17]
SINGLE
Any person at least 18 years of age or no less than 15 years of age with the express written consent from the parent of that minor child. Said consent shall be in a form approved by the Borough Attorney.
[1]
Editor's Note: The former definition of “charter member,” added 2-7-2006 by Ord. No. 2006-5, which immediately followed this definition, was repealed 7-7-2009 by Ord. No. 2009-10.

§ 211-3 Authority to make rules; enforcement.

A. 
The Borough Mayor and Council may, by ordinance or resolution, make, amend, alter and/or repeal rules and regulations for the supervision and control of all activities carried on, conducted, sponsored, arranged or provided for in connection with the Chester Area Pool facility.
B. 
The Pool Manager and pool staff are hereby empowered to enforce the provisions of this chapter or any rule or regulation adopted by the Borough Mayor and Council.
C. 
The Pool Manager and pool staff shall have the proper authority to issue a notice of violation to any person who violates the terms of this chapter or any rule or regulation adopted by the Borough Mayor and Council.

§ 211-4 Pool membership.

A. 
Membership in the pool shall be open to any person who complies with the requirements of this Chapter regarding membership, fees and other conditions of membership as determined by the Mayor and Council of the Borough of Chester.
B. 
Classes of membership. Membership in the pool shall be open to those 18 years of age or older and as determined annually, based upon timely submission of completed membership applications and payment of requisite fee, pursuant to the provisions of this chapter. There shall be the following division of membership: resident and nonresident. Of these divisions there shall be five classes: family, empty nester, single, senior, and caregiver. For the purpose of calculating total membership capacity only, single, caregiver or senior memberships shall count as 1/4 of a family membership, and empty nester memberships shall count as ½ of a family membership.
[Amended 7-7-2009 by Ord. No. 2009-10]
C. 
Membership application. All applications for membership shall be in writing, addressed to the Borough Tax Collector. Upon notification, when membership capacity permits, new members shall make timely payment of the annual dues, and initiation fee, if applicable, for the year in which application is made. The pool shall have a preference for a membership comprised of Chester Township residents (57%) and Chester Borough residents (43%). Residents shall have membership preference over nonresidents. Further, previous year's resident members shall have priority over new applicants.
D. 
Membership capacity. The maximum number of full-family memberships shall be established by resolution of the Borough Mayor and Borough Council, from time to time, based upon the recommendation of the Borough Administrator and Pool Manager.
[Amended 10-6-2015 by Ord. No. 2015-12]
E. 
Membership is not transferable.
F. 
Inactive status.
[Amended 2-7-2006 by Ord. No. 2006-5; 12-18-2007 by Ord. No. 2007-25; 7-7-2009 by Ord. No. 2009-10; 6-4-2012 by Ord. No. 2012-5]
(1) 
The holder of a membership may, prior to the deadline for membership application, submit to the Borough Administrator and Tax Collector a written request for inactive status for one season, which, if granted, will not require the payment of the annual membership fees for the period of inactivity. If a membership is not renewed for one season or more, and no request for inactive status has been requested and granted, the membership shall be deemed lapsed, and a reinstatement fee shall be paid in order for reinstatement of the membership.
(2) 
Prior to the start of the next season, a member on inactive status now on the top of the waiting list will be offered active status as a full-time member again without being required to pay a reinstatement fee. The member must notify the Borough Administrator and Tax Collector of its intention to reactivate membership status and timely pay the requisite membership fees for the season to reactivate membership. Failure to make timely payment of the membership fees in the manner prescribed by Borough ordinance will result in revocation of membership. Subsequent application for membership shall require placement on the bottom of the waiting list and payment of a reinstatement fee.
(3) 
Notwithstanding anything contained herein to the contrary, a member on inactive status is not precluded from using the pool facility as the guest of a valid member on active status, subject to payment of the applicable guest fee.
(4) 
No member shall be permitted to assume inactive status for two consecutive years.
(5) 
Lapsed membership shall enjoy no membership rights, and request for renewal must be upon written application for new membership and payment of a reinstatement fee.
G. 
Guests. Only valid members shall be entitled to bring guests to the pool facility subject to the payment of a guest fee, as established from time to time by resolution of the Borough Mayor and Council, and subject to pool capacity (as determined by the Pool Manager, or Assistant Manager in the Manager's absence), and the adopted rules and regulations. Guest admittance to the pool facility shall be on a first-come-first-served basis.
[Amended 6-4-2012 by Ord. No. 2012-5]

§ 211-5 Waiting lists for membership applications.

The Borough Administrator shall establish a public list of those persons awaiting full-time membership. A copy of such list shall be available for inspection in the office of the Borough Clerk. Membership vacancies shall be filled in the order of the names appearing on such list with preference for the ratio expressed in § 211-4C above. Failure to timely accept membership and pay the requisite initiation and membership fees will result in striking of the name of the person from the waiting list. A new application will have to be made and the person's name placed at the end of such waiting list, if such person later seeks membership.

§ 211-6 Membership fees.

A. 
Membership fees shall be established by resolution of the Borough Mayor and Council, from time to time, which shall include an initiation fee for each new member. Any member failing to timely pay annual membership fees by the designated date shall forfeit their membership, unless timely request for inactive status has first been made pursuant to § 211-4F above.
B. 
No fees are returnable for any reason after May 30 of each season, except by special approval of the Borough Mayor and Council.
C. 
The last date for which membership applications shall be accepted from year to year shall be determined by the Mayor and Borough Council with the recommendation of the Borough Administrator and Pool Manager and shall be duly publicized each year.
[Amended 10-6-2015 by Ord. No. 2015-12]
D. 
The Borough shall fix and duly publicize each season the date upon which membership fees are payable in full. Failure to timely pay annual membership fees, or request inactive status, shall result in forfeiture of membership. Subsequent application for membership shall require the completion of new application, placement on the bottom of the waiting list and payment of a new initiation fee.
[Amended 6-4-2012 by Ord. No. 2012-5]
E. 
Members who pay by check and whose checks are returned by their bank as uncollectible for any reason will be charged an additional fee for each returned check, in accordance with the rate charged by the Borough's bank, together with a handling fee established by resolution of the Borough Mayor and Council from time to time.
F. 
Initiation fee for new members. There shall be a nonrefundable initiation fee for new members to be provided in the rate resolution adopted by the Borough Mayor and Council from time to time.
G. 
Activities fees. There shall be various activity fees established from time to time by resolution of the Borough Mayor and Council.

§ 211-7 Hours of operation.

A. 
The specific daily hours of operation shall be established by resolution of the Borough Council from time to time.
B. 
The Pool Manager may, from time to time, alter the opening or closing hours of the pool facility for special events authorized by the Borough Mayor and Council and may implement emergency rules and regulations to protect the public health and safety. Any emergency closings shall be posted on the exterior of the pool facility and filed with the Borough Clerk.

§ 211-8 Identification of members.

A. 
The Borough of Chester will issue identification cards or badges to all members which shall be shown to gain entry into the pool facility.
B. 
Pool identification cards or badges will not be transferable, and their illegal transfer or misuse will result in revocation or suspension of membership privileges.
C. 
Members not presenting their identification card or badges at the entry gate may be denied access to the pool facility at the discretion of the Pool Manager or the Assistant Manager.
D. 
When requested, a member must present or surrender their identification card or badge to the Pool Manager or Assistant Manager.

§ 211-9 Rules and regulations; enforcement.

A. 
The governing body of the Borough may, by ordinance or resolution, make, alter, amend and repeal rules and regulations for the operation, supervision, regulation and control of all activities carried on, conducted, sponsored, arranged or provided for in connection with the pool facility and for the protection of property and may prescribe and enforce fines and penalties for the violation of any such regulations. Interpretation and enforcement of rules and regulations shall be the responsibility of the Pool Manager, Assistant Manager in the absence of the Manager, or the Head Life Guard, in the absence of the Pool Manager and Assistant Manager.
B. 
Rules and regulations shall be published, posted and strictly enforced.
C. 
The Pool Manager or Assistant Manager may close or limit the swimming facilities whenever in their judgment such action is deemed necessary or desirable for the protection of health or safety of such persons entitled to use the pool facility.
D. 
The Pool Manager and the Assistant Manager and all lifeguards, when on duty at the pool facility, shall have the authority to prohibit any action or conduct which is in violation of the rules and regulations.
E. 
Any person or persons who shall violate any duly promulgated rule or regulation of the pool shall be subject to immediate ejection from the pool facility by the Pool Manager, or the Assistant Pool Manager in the absence of the Manager. Where necessary, they may call upon the Police Department to assist in the enforcement of such power.
F. 
The Pool Manager, or Assistant Manager in the Manager's absence, is hereby empowered to enforce the provisions of this chapter, including but not limited to the power to issue a notice of violation to any person who violates the terms of this chapter or any regulations adopted by the Borough Mayor and Council pursuant thereto.
G. 
The Borough Mayor and Council shall be the final arbitrator of any dispute arising from enforcement or interpretation of the adopted rules and regulations.
H. 
Any person or persons who shall violate any duly posted rule or regulation of the pool facility shall be subject to immediate ejection by the Pool Manager or Assistant Manager in the Manager's absence. The Borough Mayor and Council may revoke or suspend any membership for dangerous acts or repeated violations of the rules and regulations. Any person who shall destroy or damage pool facility property through gross carelessness or willful misconduct may be held financially liable for such destruction or damage as may be determined by a court of law.
I. 
The provisions of this chapter shall not relieve any person of the duty to observe other provisions as set forth in any state statute or local ordinance.

§ 211-10 Violations and penalties.

A. 
Any person submitting a wait list application who knowingly provides false or misleading information will be subject to immediate removal from the wait list, loss of membership at the pool facility, if applicable, and forfeiture of any and all fees paid. Such person shall also be subject to a fine in the discretion of the Municipal Court not to exceed $500.
B. 
Any applicant or member submitting a membership application who knowingly provides false or misleading information will be subject to immediate loss of membership at the pool facility and forfeiture of any and all fees paid.
C. 
Any applicant or member submitting any type of application or correspondence to the Pool Manager or Borough Administrator which knowingly contains false or misleading information will be subject to immediate removal from the wait list, loss of membership at the pool facility and forfeiture of any and all fees paid.
D. 
In addition to the penalty provided therein, the Borough Mayor and Council shall have the power of expulsion or suspension of membership privileges, as may be warranted in its discretion.

§ 211-11 Suspension or revocation of membership.

A. 
Any membership privileges of any member may be suspended or revoked for a good cause shown, after notice and hearing as provided in Subsection C below. However, the Pool Manager shall have the authority to suspend the membership privileges of any individual, family or member of any family for a period not to exceed one day without prior notice or hearing for conduct of that individual, family or member of any family contrary to the rules and regulations promulgated by the Borough Mayor and Council and in force for the governance of the pool facility and its members in order to preserve public health and safety.
B. 
Cause for suspension or revocation of membership privileges may be any one or more of the following:
(1) 
Nonpayment of dues;
(2) 
Conduct prejudicial to the interest of the pool;
(3) 
Conduct constituting violation of the rules and regulations promulgated by the Borough Mayor and Council and in force for the governance of the Pool Facility and its members.
C. 
When a notice of violation has been issued, or a complaint or series of complaints has or have been made against a person exercising membership privileges, and the Pool Manager, or Assistant Pool Manager in the Manager's absence, is of the opinion that the alleged offense or alleged offenses is or are of such a nature as to require action by the Mayor and Council, then the matter shall be referred for a hearing which shall be conducted by the Mayor and or a designated hearing officer. The Mayor shall make a recommendation to Council (or if so designated, the hearing officer shall make a recommendation to the Mayor and Council). The Pool Manager or Assistant Pool Manager, as the case may be, shall provide the member with a written notice embodying the complaint or complaints and shall cause such notice to be served upon the member, either personally or via United States Mail, return receipt requested. A copy of said notice shall be filed with the Borough Clerk and the Borough Administrator. A date shall be set by the Borough Clerk for a hearing not less than three days following the service of such notice. At the hearing the person charged shall be given full opportunity to be heard and to present such matters as shall go to the defense or mitigation of the charge. The hearing shall be held in public unless a private hearing is requested by the person charged. Following the presentation of all evidence, the Mayor or designated hearing officer shall deliberate on the record and make a recommendation on the question of suspension or revocation of membership privileges. Recommendation for suspension of membership privileges shall be presented to the Borough Council for review should the Mayor or any Council have an interest in the outcome of the hearing or with a potential conflict of interest shall not participate in any hearing. All hearings shall be tape recorded, and written minutes recorded. Hearing recordings, minutes and evidentiary material shall be forwarded to the Borough Administrator, together with the recommendation of the Mayor or designated hearing officer. The governing body shall consider the recommendation of the Mayor or designated hearing officer, together with the advice of the Borough Administrator.
[Amended 10-6-2015 by Ord. No. 2015-12]
D. 
Failure to timely pay annual membership fees shall result in forfeiture of membership.

§ 211-12 Safety and health standards.

The Pool Manager shall ensure that all health, safety and water quality standards are in compliance with the New Jersey State Sanitary Code, Chapter 11, Public Recreational Bathing, N.J.A.C. 8:26-1 et seq., May 1991, or any subsequent substantial revision thereto.

§ 211-13 (Reserved) [1]

[1]
Editor’s Note: Former § 211-13, Chester Area Pool Advisory Committee, was repealed 10-6-2015 by Ord. No. 2015-12.

§ 211-14 Facility use by outside organizations.

Use of the pool facility by any outside organization will be subject to approval by the Borough Mayor and Council. Upon attaining such approval, the outside organization shall be subject to a fee which shall be established by resolution of the Borough Mayor and Council.

§ 211-15 License required to sell merchandise on grounds of pool facility.

No person, firm or corporation shall sell or maintain a place for the sale of any article of food, clothing or liquid refreshment on the pool facility grounds unless licensed and/or approved to do so by the Borough Mayor and Council.