[Adopted 12-12-2013 by Ord. No. 18-2013; amended in its entirety 4-13-2023 by Ord. No. 10-2023[1]]
[1]
Editor's Note: The Use of Borough Facilities Policy, set forth below, took effect 1-1-2023.
The Borough of Clayton has established this policy to govern the use of park and recreation facilities (fields, parks, buildings and other facilities) owned by the Borough. Any individual, group, or organization, whether part of the Borough or outside the jurisdiction of the Borough, must adhere to the responsibilities and requirements of this policy. The intent of the policy is to:
A. 
Ensure the safety of those using any Borough park, field or recreation facility.
B. 
Ensure the field or facility is maintained and protected from misuse, damage or neglect.
C. 
Ensure those who oversee the field or facility know of and approve its use.
The following are the general regulations for using any Borough of Clayton park and recreation field, park, or facility. Applicants must also follow any specific rule that is applicable for a specific facility.
A. 
Any individual, group, or organization requesting to use one of the Borough's park and recreation facilities, parks, or fields must complete and submit the following documents to the park and recreation committee:
(1) 
Use of facilities contract - Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file at the Borough Clerk's office.
(2) 
Use of facilities agreement - Exhibit B.[2]
[2]
Editor's Note: Exhibit B is on file at the Borough Clerk's office.
(3) 
Hold harmless agreement - included in the use of facilities contract.
(4) 
All insurance documents as described in the use of facilities contract and use of facilities agreement.
Please note: Anyone making a request to use Borough facilities must be 21 years of age or older.
B. 
Requesting individuals and organizations will be entirely responsible for the conduct and actions of those individuals attending and participating in activities. Disruptive behavior, inappropriate language and other generally disorderly conduct is not permitted and will not be tolerated.
C. 
Requesting individuals and organizations will be entirely responsible for ensuring that all individuals attending and participating in activities while using Borough facilities comply with the requirements and prohibitions set forth in the Borough of Clayton Code Chapter 68.
D. 
Some of the facilities can accommodate simultaneous uses/events. The applicant understands and acknowledges that requests for one of these would, therefore, be for nonexclusive use of the facility. For example, Autumn Pasquale Memorial Park can accommodate a family barbecue and a youth football game at the same time (at different locations in the park).
E. 
The applicant understands and agrees not to permit the use of any or parts of the facility and or property to any other person, group or organization without the written approval of the Parks and Recreation Committee and the Borough of Clayton.
F. 
All individuals, groups, or organizations using any Borough facility must conform to the Borough of Clayton's Youth Sports Code of Conduct.
G. 
Violators and responsible individuals and organizations will be prosecuted and permission for future use will be immediately revoked.
H. 
It is the applicant's responsibility to supervise any minors using the facility. All minors must be supervised by one or more adults at all times and are not to be left alone at the facilities for any reason.
I. 
The applicant is responsible for supplying the proper liability insurance documentation.
J. 
Preference will be given to Clayton residents if more than one applicant requests the use of a facility on the same day.
K. 
The Borough reserves the right to impose conditions on the approval of an application, including the posting of escrow fees for the anticipated cost of police and/or public works support services.
A. 
The fees for the use of any field, park, or facility are specified in Appendix C.[1]
[1]
Editor's Note: Appendix C is on file at the Borough Clerk's office.
B. 
The governing body may reduce or waive the rental fees at its discretion.
C. 
Exempt groups will not be charged any fees. An exempt group shall consist of 80% of Clayton residents and a roster of participants with home addresses must be completed and submitted with the application.
D. 
Additionally, the following groups will be exempt from any fees:
(1) 
Borough of Clayton Committees (Special Events, Veterans Committee, et al.).
(2) 
Clayton church groups/athletic teams.
(3) 
The "Clayton Seniors" senior citizens' club.
(4) 
Borough youth sport teams.
(5) 
Homeowner associations in Clayton.
(6) 
Clayton Elementary/Middle/High School sports teams.
A. 
Applicants are required to obtain general liability insurance at minimum amount of:
(1) 
$1,000,000, per occurrence.
(2) 
$2,000,000 aggregate.
(3) 
For all events/programs/activities involving minor/youth participants, the applicant shall obtain insurance coverage of $1,000,000 per occurrence for sexual abuse, injury, or molestation (SAM).
B. 
An approved applicant shall submit a certificate of insurance naming the Borough of Clayton, its officers and officials as certificate holder and additional insured. A copy of the additional insured endorsement must be provided along with the certificate of insurance.
C. 
The hold harmless agreement included in the use of facilities agreement shall be properly executed and submitted with the certificate of insurance and a copy of the additional insured endorsement to the Borough Clerk's Office.
A. 
The Borough park and recreation committee will review this form for completeness and, with input of the Public Works Clerk, determine there is no conflict with needs of the Borough's youth sports programs. The Committee will render a decision on the request
B. 
The applicant requesting the use of a Borough field or facility must submit the use of facilities contract, use of facilities agreement, and all insurance documents to the park and recreation committee. If the Committee approves the request, the Committee Chair will submit the application to Borough Council for its approval. The applicant will be notified of Council's approval/disapproval by the Public Works Director or the Borough Administrator, who will sign the form on behalf of the governing body.
C. 
Exception: There may be special circumstances regarding the use of Borough fields or facilities such that an applicant cannot wait for the next scheduled Council meeting for the request to be considered. In such circumstances, the Council Liaison for the park and recreation committee, along with the Park & Rec Council Committee, can approve a request on behalf of the governing body.
A. 
In the event of inclement weather, the responsible party must contact the Borough Public Works Director or Administrator regarding whether the facilities may be used. Severe weather conditions may cause unsafe conditions, or cause damage at the facilities, and may require the event to be cancelled. The decision to cancel events due to weather is solely at the discretion of the Borough.
B. 
The applicant understands and agrees that the Parks and Recreation Committee and the Borough of Clayton reserves the right to require sufficient time to process applications and may limit the frequency of use of the facilities. The Parks and Recreation Committee and the Borough of Clayton has the final decision on the use of any facility and reserves the right to refuse use of the facilities to anyone who fails to comply with these policies.
C. 
The applicant understands and agrees not to permit the use of any or parts of the facility and or property to any other person, group or corporation without the written approval of the Parks and Recreation Committee and the Borough of Clayton.
D. 
Property of the Parks and Recreation Committee and the Borough of Clayton shall not be removed from any park or facility at any time. Any items missing will be assessed to the applicant.
E. 
All advertising, except that incidental to programs and all sale of merchandise or other materials, is forbidden on premises, unless specific approval is obtained from the Borough prior to the scheduled function.
F. 
The applicant understands and agrees that the Parks and Recreation Committee and the Borough of Clayton reserve the right to nullify any/all applications and agreements within a sixty-day grace period of the function/event to order to generate space for any Borough function.
G. 
The applicant shall be responsible for any damages to any park, field, or facility, and will be required to repair or restore any use-related damage or wear to the facility or the applicant (group) will be assess the cost to replace and/or repair any damaged item or area.
H. 
The applicant understands and agrees that the Parks and Recreation Committee and the Borough of Clayton will be held harmless for any loss of profits or expenditures that may originate due to cancellation.
I. 
The Parks and Recreation Committee and the Borough of Clayton and its constituents shall not be liable for any injury or property damage occurring or to the demised premises or to any persons thereon resulting from 1) a loss of property by theft or burglary, 2) accidental damage to person or property on or about the premises from the use of any utility on the premises, 3) any damage caused by action of the natural elements, or 4) damage or injury resulting from the conduct of the applicant whether negligent or otherwise. The applicant shall not make any claim against the Borough of Clayton or the Parks and Recreation Committee for any loss or damage described herein.
J. 
The applicant understands and agrees that if at any time the Parks and Recreation Committee and the Borough of Clayton determines that the activities pose a danger to persons or property, the Parks and Recreation Committee and the Borough of Clayton shall have the right to close down all or part(s) of the facility or function/event covered by this agreement. The decision of when or if to reopen the facility or function/event belongs to the Parks and Recreation Committee and the Borough of Clayton. There will be no refunds to the applicant if the facility closes for these reasons.
K. 
The placement of posters and banners within or on the grounds of each of the facilities will require prior approval.
L. 
Solicitation of funds is not permitted and no admission fees may be charged.
M. 
The following are prohibited at any facility, park, or field, and failure to comply with this regulation will cause the said function/event to be closed immediately:
(1) 
Possession or consumption of alcohol in and around the premises.
(2) 
Possession or consumption of drugs in and around the premises.
(3) 
Smoking (including e-cigarettes), chewing tobacco and spitting.
(4) 
Gambling unless an approved NJ State license is obtained.
N. 
Violators and responsible individuals and organizations will be prosecuted and permission for future use will be immediately revoked.
O. 
Any individual, group or organization using the concession stand of any Borough facility must meet all Gloucester County Board of Health requirements.
P. 
No open fires are permitted at any facility.
Q. 
No firearms, knives or other weapons are permitted.
R. 
Use of areas other than the ones approved per the application is prohibited.
S. 
The Borough has zero tolerance to any damage caused by vandalism. The Borough interprets vandalism as the willful or malicious destruction or defacement of property. The Parks and Recreation Committee or the Borough of Clayton Council will determine disciplinary action taken due to vandalizing its parks, fields, or facilities.
T. 
The applicant is responsible for the proper use of the facilities. Facilities shall be left in the condition in which they were received. Normal cleanup shall be performed by the applicant following use. Normal cleanup shall include removal of all materials brought in, disposal of all trash in proper receptacles and recycling containers, and the cleaning of any bathrooms used.