For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
EDUCATIONAL FACILITY
A nonprofit school that serves grade K or higher that has
a physical location that is geographically located within the Borough
of Rutherford.
OPEN SPACES
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).
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
RECREATION AREAS
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.
RESIDENT COMPANY
The company has a physical location within the Borough of
Rutherford.
RESIDENT ORGANIZATION, GROUP OR ENTITY
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).
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn.
[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.
(6) Nonrefundable fees are required with certain applications.
These fees are set forth in a Schedule of Fees set forth in this chapter.
(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.
[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.
|
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.