[HISTORY: Adopted by the Borough of Rutherford
Council 5-27-2003 by Ord. No. 3023-03.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 7.
Clean environment — See Ch. 21.
Littering — See Ch. 53.
Municipal property and grounds — See Ch. 61.
Peace and good order — See Ch. 68.
Recreation department — See Ch. 83.
Solicitations for charitable purposes — See Ch. 104.
Solicitors, peddlers and canvassers — See Ch. 105.
[1]
Editor's Note: This ordinance also repealed
former Ch. 73, Playgrounds and Recreation Areas, adopted 8-2-1960
by Ord. No. 1809, as amended.
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
The Board of Education of the Borough of Rutherford.
The Borough of Rutherford.
A nonprofit school that serves grade K or higher that has
a physical location that is geographically located within the Borough
of Rutherford.
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).
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
The Recreation Department of the Borough of Rutherford.
The company has a physical location within the Borough of
Rutherford.
Seventy-five percent majority of its members are Rutherford residents (see § 73-7).
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).
Every device in, upon or by which any person or property
is or may be transported or drawn.
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.
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.
(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 chapter.
(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 watercraft 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 1/2 hour before sunrise, without first
obtaining a permit in accordance with this chapter, 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 1/2 hour before sunrise, unless otherwise
permitted in accordance with this chapter.
(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 chapter.
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 chapter.
(22)
Occupy any open space or recreation area for picnic
parties, assemblages, business or entertainment without first obtaining
a permit in accordance with this chapter.
(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 chapter.
(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.
(25)
In addition to the prohibitions found in this Chapter 73, it shall be unlawful to commit any of the following acts in Tryon Field:
[Added 11-23-2004 by Ord. No. 3058-04]
(a)
Smoke in any part of Tryon Field, including
all parts of the playing field, track, bleachers, appurtenances and
any other part of Tryon Field.
(b)
Use chewing tobacco in any part of Tryon Field,
including all parts of the playing field, track, bleachers, appurtenances
and any other part of Tryon Field.
(c)
Use metal spikes on any part of the playing
field.
(d)
Use spikes or cleats of any kind on any part
of the track.
(e)
Discard garbage or waste of any kind, including
containers, wrappers, drinks, food, candy or gum of any kind on any
part of the playing field or track.
(f)
Use or discard confetti of any kind in any part
of Tryon Field, including all parts of the playing field, track, bleachers,
appurtenances and any other part of Tryon Field.
(g)
Allow pets or animals of any kind in any part
of Tryon Field, including all parts of the playing field, track, bleachers,
appurtenances and any other part of Tryon Field. Assistance animals
used by disabled persons are exempted from this provision.
(h)
Use wheeled vehicles or things of any kind,
including golf carts, bicycles, tricycles, skateboards, roller blades,
carts, shopping carts or any kind of wheeled or motorized transportation
item in any part of Tryon Field, including all parts of the playing
field, track, bleachers, appurtenances and any other part of Tryon
Field. Authorized use by Borough employees or BOE or school employees
are exempted from this provision. Infant strollers are exempted from
this provision. Assistance wheelchairs used by disabled persons are
exempted from this provision.
(26)
There
shall be a fee imposed in the sum of $25 per person for any application
for a Recreation Department program which is received after the date
set by the Recreation Department for the receipt of applications.
Nothing herein shall guarantee any late applicant a place in the program.
[Added 12-13-2021 by Ord. No. 3591-21]
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.
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.
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 chapter 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 chapter.
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.
[Amended 10-23-2017 by Ord. No. 3434-17; 2-24-2020 by Ord. No. 3519-20]
Except as expressly waived or amended via resolution of the
governing body or by other provisions set forth within the Borough
Code pertaining to resident companies that have a physical location
that is geographically located in the Borough of Rutherford, or when
circumstances exist requiring a one-time action to amend a fee for
any event.
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 chapter (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.
(7)
Proof of insurance is required for certain applications
and/or events as set forth in this chapter.
(8)
An original, signed indemnification and waiver is
required for certain applications and/or events as set forth in this
chapter.
(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
30 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 chapter. 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. 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 15 days of the initial submittal. An executed permit
will be issued and will be either mailed or made available for pickup
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 nontransferable.
(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.
A.
A nonprofit group must produce the proper documentation
from the IRS setting forth that the group or organization is a nonprofit
organization as defined under the Internal Revenue Code.
B.
In determining if the membership of a nonprofit 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 nonprofit organization, group or educational
facility shall be determined to apply if the organization or group
or educational facility has a physical location that is geographically
located within the Borough of Rutherford and 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.
F.
If there is no meeting of the governing body scheduled before the event in time to pass a resolution regarding application procedures set forth at § 73-6, or amending any fees set forth within § 73-8, then the Borough Administrator is authorized to use his/her discretion regarding same.
[Added 2-24-2020 by Ord. No. 3519-20]
[Amended 12-14-2004 by Ord. No. 3066-04; 6-24-2008 by Ord. No. 3159-08; 5-14-2013 by Ord. No. 3288-13; 4-13-2015 by Ord. No. 3357-15; 5-8-2017 by Ord. No.
3422-17; 5-22-2018 by Ord. No. 3462-18; 2-25-2019 by Ord. No. 3492-19; 2-24-2020 by Ord. No. 3519-20]
Except as expressly waived or amended via resolution of the
governing body or by other provisions set forth within the Borough
Code pertaining to resident companies that have a physical location
that is geographically located in the Borough of Rutherford, or when
circumstances exist requiring a one time action to amend a fee for
any event.
A.
Picnic, bandshell or park permits.
Fee
| ||
---|---|---|
Resident group or individual event
|
$50
| |
Resident company event, employees of company
|
$75
| |
Nonprofit resident group, organization or educational
facility
|
No fee
| |
Nonresident event, 1 to 25 participants
|
$100
| |
Nonresident event, 26 to 50 participants
|
$150
| |
Nonresident event, 51 to 100 participants
|
$200
| |
Nonresident event, 101 to 200 participants
|
$300
| |
Nonresident event, 200 participants and above
|
$400
| |
Nonresident roster or event participant
|
$75
| |
Nonprofit resident group, organization or educational
facility, with the exception of Tryon Field
|
$50
|
B.
Field or court permits.
Fee per use
| ||
---|---|---|
Resident profit youth group, field permit, per hour
|
$50
| |
Resident nonprofit youth group, field permit
|
No fee
| |
Resident nonprofit youth group, field permit
with lights
|
No fee
| |
Resident nonprofit adult group, field permit
|
$50
| |
Resident nonprofit adult group, field permit
with lights
|
$200
| |
Nonresident nonprofit group, field permit
|
$150
| |
Nonresident nonprofit group, field permit with
lights
|
$400
|
C.
Tennis badges and ice rink badges.
[Amended 3-28-2022 by Ord. No. 3603-22]
Fee
| |
---|---|
Youth resident (17 years and under)
|
$5
|
Senior citizen resident (age 62 and above)
|
No fee
|
Adult resident (age 18 through age 61)
|
$20
|
Guest: nonresident accompanied by resident (resident
regardless of age)
|
$30
|
D.
Summer sports camps.
Fee per week per participant
| |
---|---|
1 to 50 participants
|
$10
|
51 participants and above
|
$15
|
E.
Individual pavilion permit fees: $50 for the first hour and $25 per hour for each hour thereafter for a total of four hours or until dusk. This fee is inclusive of the fees charged in §73-8A, and not in addition thereto.
[Amended 5-6-2021 by Ord. No. 3556-21]
F.
Rutherford Farmer's Market, located between Spring Dell and Glen
Road, will run annually on Wednesdays and Saturdays from June through
October.
[Amended 6-13-2022 by Ord. No. 3613-22]
Fee
| |
---|---|
Registration (all vendors)
|
$50 for all vendors
|
Table fee for Wednesdays
|
$375 for the season
|
Table fee for Saturdays
|
$450 for the season
|
Table fee for weekly vendors
|
$30 per week
|
Participants are also required to pay established fees for health
inspections as required under the Borough Code.
|
G.
Rutherford Downhill Derby.
Registration Fee
| |
---|---|
Individual
|
$50
|
Each additional family member
|
$25
|
H.
Arbor Day
Tree Fest registration fee: $50 per vendor.
I.
Special fees. When an application seeks a permit to use Tryon Field
and spectators are involved, the Borough Administrator and/or his
designee shall negotiate a price for providing a staff person to be
present during and after the event.
[Amended 6-24-2008 by Ord. No. 3159-08]
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-served 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 nonprofit educational facilities serving grades K or higher
located within the Borough of Rutherford.
(3)
Rutherford resident nonprofit youth recreational activities
or service organizations.
(4)
Rutherford resident adult organizations.
(5)
Events sponsored by or through the Borough Downtown
Partnership.
(6)
Nonresident youth or adult nonprofit organizations.
D.
Tryon Field fees.
[Amended 5-14-2013 by Ord. No. 3288-13]
Fee per hour
| |
---|---|
Resident nonprofit adult group field permit
|
$25
|
Resident nonprofit adult group field permit
with lights
|
$50
|
Nonresident nonprofit adult group field permit
|
$50
|
Nonresident nonprofit adult field permit with
lights
|
$100
|
NOTES:
|
---|
The permits are assumed for a time frame of
three hours, and for less than five hours an additional $25 for residents
and $50 for nonresidents will be charged.
|
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 chapter. 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.
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 arises 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.
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be subject to a fine
not exceeding $200 and, in default of payment thereof, may be sentenced
to imprisonment in the county jail for a term not exceeding 30 days.