As used in this chapter, the following terms shall have the
meanings indicated:
BOROUGH
The Borough of Eatontown, New Jersey.
BOROUGH-OWNED FACILITIES
Any facilities, including but not limited to any buildings
or structures, any parks, and any sports-related playing fields or
courts, owned by the Borough of Eatontown or by the Eatontown Board
of Education.
BOROUGH-OWNED LAND
Land owned by the Borough of Eatontown or by the Eatontown
Board of Education.
BOROUGH-SPONSORED YOUTH PROGRAMS
Any youth programs which receive funding, in whole or in
part, by the Borough of Eatontown, including but not limited to any
and all leagues, boards and commissions falling within the purview
of or acting for or on behalf of the Borough of Eatontown.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
A determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division, and/or the New Jersey State Bureau of Identification in
the Division of State Police.
EMPLOYEE
Any person providing services to the Borough, a Borough-sponsored
youth program, or to a nonsponsored youth program, as the case may
be, for monetary compensation and/or through an employment contract.
NONSPONSORED YOUTH PROGRAMS
Any youth programs operating within the Borough of Eatontown
which are not Borough-sponsored youth programs, but which regularly
utilize Borough-owned facilities or municipally owned land.
QUALIFIED PARTICIPANT
A person who has completed a criminal history record background
check within the past three years that has revealed no disqualifying
convictions and who has not been convicted of a disqualifying offense
since the date of the criminal history record background check.
VOLUNTEER
Any person providing services to a Borough-sponsored youth
program or to a nonsponsored youth program without monetary compensation
from or an employment contract with such programs.
YOUTH PROGRAMS
Any programs that allow for children's participation
in activities, including, but not limited to, sporting activities,
passive recreation groups, clubs or camp trips or any other activities
whereby some control and responsibility for children is assigned to
some person other than a parent or guardian.
Other than as otherwise provided herein, the applicant and/or
the Borough-sponsored youth program or the nonsponsored youth program,
as the case may be, shall be responsible for all fees associated with
obtaining the criminal history record background check.
For a violation of any provision of this chapter, the maximum
penalty, upon conviction, shall be a fine not exceeding the amount
authorized in N.J.S.A. 40:49-5, imprisonment for a term not exceeding
the term authorized in N.J.S.A. 40:49-5, and/or a period of community
service not exceeding the period authorized in N.J.S.A. 40:49-5, or
such combination of punishments as the Judge may, in his or her discretion,
deem appropriate and/or just. Each day in which a violation of any
provision of this chapter occurs or exists shall constitute a separate
violation of this chapter. Each violation of this chapter that can
be deemed severable from any other violation shall be deemed a separate
violation.
This chapter shall take effect upon passage and publication
in accordance with applicable law.
Any ordinance provisions inconsistent with the provisions of
this chapter are repealed to the extent of such inconsistency.
If the provisions of any section, subsection, paragraph, subdivision,
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subdivision,
or clause.